Understanding How DMV Hearings Work. There are certain cases that follow a person arrested for driving under the influence and they are known as DMV hearings. There is a big difference from these hearings and the court cases we see every day. One of the characteristic of these hearings is that they are held at DMV offices nearest to where the offense took place. Something else different about court trials and DMV hearings is that there are no live witnesses. Much of the evidence that is presented at these hearings is hearsay that is statements that were made by people who are not present during the hearing. The DMV cannot suspend your license on the mere evidence of hearsay. You are allowed to have an attorney at DMV Hearings to challenge any hearsay evidence. Your attorney can for example request that key witnesses such as the arresting officer appear to testify and therefore defend the hearsay evidence.
22 Lessons Learned: Examinations
For DMV hearings, the person prosecuting and also making judgment are one and the same. The judge is an employee of the DMV and not a real judge. This person will seek to introduce any evidence against you and will also be the one ruling your case.
6 Lessons Learned: Examinations
There are some questions that the suspects need to be asked during these DMV hearings. One of the first questions is if the suspect was the one driving the vehicle. The suspect will then be questioned if he/she was legally stopped and arrested by the officer. The suspect needs to clarify if he She was subjected to a blood alcohol test and if it was done under the law. In some cases whereby the blood alcohol level was above limit the suspect needs to acknowledge that they were informed by the arresting officer. There are some suspects who might have refused to undergo a chemical test. It is important that the consequences of refusing these tests were explained clearly to the suspect during the a rest. Longer license suspensions are commonly put on people who loose DMV hearings and had also refused to have chemical testing. Once the hearing is done and your license suspended, the arresting officer sends a sworn copy to the DMV. Other items also sent along to the DMV are notices of suspension and any revoked licenses. It is now the duty of the officers at DMV to look at the evidence provided and either uphold or reject the rulings. During the administrative review process, a person whose revocation or suspension has been upheld can request a hearing to contest the decision. Once your suspension is over your license will be returned.
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